QuestionsQuestions (DAR ADMINISTRATIVE ORDER NO. 10)
It sets rules and procedures for distributing private agricultural lands (and related improvements/facilities acquired under R.A. 6657 and related issuances) to qualified agrarian reform beneficiaries (ARBs).
DAR should immediately take steps to distribute the land to qualified beneficiaries and make available support/coordination services to enhance productivity; generally, lands are distributed directly to individual worker-beneficiaries unless division is not economically feasible.
When it is not economically feasible and sound to divide the land; then it shall be owned collectively by worker-beneficiaries who form a workers’ cooperative or association.
The total area awarded shall not exceed the total number of co-owners/members multiplied by the award limit of three (3) hectares, except in meritorious cases determined by PARC.
Equitable distribution is based on (1) actual occupancy of a tenant (if not exceeding 3 hectares); (2) for untenanted land, qualified farmworkers are considered with shares not exceeding 3 hectares, otherwise additional ARBs are considered; (3) for unoccupied lands, each identified ARB may be allowed up to the ceiling of 3 hectares provided there are enough lands for others equally qualified; and (4) in all cases, the aggregate award per ARB must not exceed 3 hectares and their total ownership after award must not exceed 3 hectares.
In order: (1) agricultural lessees and share tenants; (2) regular farmworkers; (3) seasonal farmworkers; (4) other farmworkers; (5) actual tillers/occupants of public lands; (6) collective or cooperatives of the above beneficiaries; and (7) others directly working on the land.
They must be: (1) landless as defined in R.A. 6657; (2) Filipino citizen; (3) at least 15 years old or head of family at the time of acquisition of the property titled in the name of the Republic; and (4) willing, able, and with aptitude to cultivate and make the land productive.
Those who have culpably sold, disposed of, or abandoned their lands are disqualified to become beneficiaries.
ARBs must exercise the diligence of a good father of the family in use, cultivation, and maintenance of the land and improvements. Negligence, misuse, or unauthorized sale of the land or any support extended is a ground for forfeiture of their right as ARBs.
Lands may not be sold, transferred, or conveyed except through hereditary succession or to the Government, to LBP, or to other qualified beneficiaries for ten (10) years. Exception: the children or spouse of the transferor may repurchase the land from the government or LBP within two (2) years.
They commence from the time the land was awarded to the beneficiary as evidenced by the Certificate of Land Ownership Award (CLOA).
The landowner concerned retains his share of the harvest pursuant to Section 28 of R.A. 6657 and other related laws.
DAR must immediately inform the identified and qualified ARBs to establish their usufructuary rights even before the CLOA is awarded.
Payment is made by the beneficiary to LBP in thirty (30) annual amortizations at six percent (6%) interest per annum, unless the ARB opts to accelerate payment.
MARO verifies and validates the ARB list in the claim folder; informs qualified ARBs or the cooperative/association about identification for usufructuary rights (CARP Form No. 19); consults ARBs on ownership scheme preference; assists in CLOA application (CARP Form No. 18); prepares the Land Distribution Folder (LDF) with specified documents; and forwards the LDF to PARO, including supporting documents for cooperative/association organization if collective ownership is chosen.
It is the compilation of records supporting land distribution and CLOA processing. It must include the CLOA Application Form (CARP Form No. 18); letters to qualified ARBs (CARP Form No. 19); MARO certification (CARP Form No. 20); approved survey plan; copy of TCT in the name of the Republic; and copy of Deed of Transfer or proof of trust deposit.
If in order, PARO generates one ‘mother’ CLOA (with original/owner’s duplicate and co-owner’s duplicates) for collective ownership or individual CLOAs for each ARB. All CLOAs must contain a lien annotation in favor of the Land Bank of the Philippines to ensure full payment pursuant to R.A. 6657.
It takes effect ten (10) days after its publication in two (2) national newspapers of general circulation pursuant to Section 49 of R.A. 6657.